Further to my post above and with respect to a FPN issued by the BiB, rather than civil enforcement.
Section 137 of the Highways Act 1980 makes it an offence to cause a wilful obstruction of the highway without lawful authority or excuse. So if the BiB consider that the highway extends to the property boundaries then they could well issue a FPN.
The FPN would then need to be contested in the Magistrates which is generally more trouble than it is worth and has an associated risk of the penalty being increased.
If lost at Magistrates then remedy must be found in the High Court. Here the case would most likely rely on the vehicle not causing an obstruction, which any parked vehicle to an extent arguably does and the vehicle not being parked on the highway.
There is case law that supports the position that if the public can pass and re-pass where the vehicle was parked then it is parked on the highway. So you then lose the case and are liable for costs in the order of tens of thousands of pounds.
Not a likely scenario but all the same better not to get the FPN in the first place and if you do the general advice from those that know about these matters is to suck it up and pay the ca. £30 or in the alternative do not block the driveway
Section 137 of the Highways Act 1980 makes it an offence to cause a wilful obstruction of the highway without lawful authority or excuse. So if the BiB consider that the highway extends to the property boundaries then they could well issue a FPN.
The FPN would then need to be contested in the Magistrates which is generally more trouble than it is worth and has an associated risk of the penalty being increased.
If lost at Magistrates then remedy must be found in the High Court. Here the case would most likely rely on the vehicle not causing an obstruction, which any parked vehicle to an extent arguably does and the vehicle not being parked on the highway.
There is case law that supports the position that if the public can pass and re-pass where the vehicle was parked then it is parked on the highway. So you then lose the case and are liable for costs in the order of tens of thousands of pounds.
Not a likely scenario but all the same better not to get the FPN in the first place and if you do the general advice from those that know about these matters is to suck it up and pay the ca. £30 or in the alternative do not block the driveway
